State v. Davis

Citations

• 2018 Ohio 1651

Syllabus

Defendant-appellant was convicted of rape in violation of R.C. 2907.02(A)(1)(b) and kidnapping in violation of R.C. 2905.01(A)(4). The trial court committed plain error by not ordering the merger of the rape and kidnapping counts. The merger conclusion renders Defendant-appellant's argument regarding the trial court's imposition of consecutive sentences moot. The trial court did not err by allowing the State to cross-examine Defendant-appellant about the notice of alibi he filed but did not pursue. The trial court erred by allowing the submission of victim impact evidence, but, given the overwhelming evidence of Defendant-appellant's guilt, the error was harmless. Finally, the admission of other acts evidence was elicited by defense counsel, and, thus, the trial court did not err regarding the admission of this testimony. Judgment affirmed, in part, reversed, in part, and remanded.